Drug Decriminalization vs. Legalization: What Really Happens in Portugal

What Is Legalization?

Legalization means that a substance (such as cannabis, alcohol, or tobacco) can be produced, sold, and consumed legally under state regulation.

When drugs are legalised:

• The state licenses and controls the market.
• The government can tax sales and set limits (age, quantity, locations).
• Users and sellers who follow the rules are not committing a crime.

Examples include:

• Canada, where cannabis is sold through licensed shops.
• Several U.S. states have legalised and regulated.

In short, legalization creates a legal market under state control.

What Is Decriminalization?

Decriminalization does not make drugs legal. It simply removes criminal penalties for possession and personal use of small amounts.

Under decriminalisation:

• Possession remains illegal, but it’s treated as an administrative offence, not a crime.
• Small-scale users face no arrest, no jail, and no criminal record.
• Drug trafficking and large-scale distribution remain serious criminal offences.
• The focus is on health, education, and harm reduction rather than punishment.

In other words, you can still be fined or referred for help, but not imprisoned.

Portugal’s Model: Law No. 30/2000

In 2001, Portugal became the first country to decriminalise all drugs through Decreto de Lei No. 30/2000.

Key points of the law:

• The use, acquisition, and possession of drugs for personal use are administrative violations, not crimes.
• The limit is defined as the amount considered a 10-day personal supply for each drug.
• Anyone caught with more than that may still be prosecuted for intent to traffic.
• Cases are handled by a Commission for the Dissuasion of Drug Addiction, which can issue warnings, recommend treatment, or take no action at all.
• Selling, trafficking, and production remain criminal under Decreto de Lei No. 15/93.

How It Works in Practice

Here’s what actually happens if someone is caught with drugs in Portugal:

• The police seize the substances.
• The person is referred to a local commission, not a criminal court.
• The commission evaluates whether the person is dependent, an occasional user, or at risk.
• The focus is support, not punishment: counselling, treatment, or social reintegration.

Results and Impact

Benefits

• Fewer arrests and less overcrowding in prisons.
• Significant drop in HIV infections and drug-related deaths.
• Reduced stigma, allowing more people to seek help.
• Police and courts can focus resources on serious trafficking cases.

Criticism and Ongoing Debate

• Some argue that drug use rates increased slightly.
• Ambiguity remains around what counts as a “personal amount.”
• The policy’s success depends on funding for health and harm-reduction programs.

Conclusion

Portugal’s experience shows that treating drug use as a public health issue rather than a crime can save lives and reduce harm.

While legalization remains controversial and complex, decriminalisation has proven to be a compassionate and pragmatic approach, attempting to balance public safety with human dignity.

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References

• Decreto de Lei No. 30/2000 (Diário da República Portuguesa)
• Decreto de Lei No. 15/93 (Drug Trafficking Law)
• SICAD – Serviço de Intervenção nos Comportamentos Aditivos e nas Dependências
• EMCDDA – European Monitoring Centre for Drugs and Drug Addiction

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